Professional Documents
Culture Documents
May 2016
Safe Work Australia is an Australian Government statutory agency established in 2009. Safe
Work Australia consists of representatives of the Commonwealth, state and territory
governments, the Australian Council of Trade Unions, the Australian Chamber of Commerce
and Industry and the Australian Industry Group.
Safe Work Australia works with the Commonwealth, state and territory governments to improve
work health and safety and workers compensation arrangements. Safe Work Australia is a
national policy body, not a regulator of work health and safety. The Commonwealth, states and
territories have responsibility for regulating and enforcing work health and safety laws in their
jurisdiction.
ISBN 978-1-74361-241-5 [PDF]
ISBN 978-1-74361-242-2 [DOXC]
Creative Commons
Except for the logos of Safe Work Australia, SafeWork SA, WorkSafe Tasmania, WorkSafe WA,
Workplace Health and Safety QLD, NT WorkSafe, SafeWork NSW, Comcare and WorkSafe
ACT, this copyright work is licensed under a Creative Commons Attribution-Noncommercial 3.0
Australia licence. To view a copy of this licence, visit
http://creativecommons.org/licenses/by-nc/3.0/au/
Generally, you are free to copy, communicate and adapt the work for non commercial purposes,
as long as you attribute the work to Safe Work Australia and abide by the other licence terms.
Contact information
Safe Work Australia
Email: info@swa.gov.au
Website: www.swa.gov.au
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TABLE OF CONTENTS
TABLE OF CONTENTS
INTRODUCTION
1.1.
1.2.
Workplace conflict
1.3.
1.4.
2.1.
2.2.
2.3.
Seek advice
Report it
10
2.4.
10
10
10
11
12
13
13
14
14
Support services
15
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1 INTRODUCTION
Workplace bullying is a risk to health and safety because it may affect the mental and physical
health of workers. Failure to take steps to manage the risk of workplace bullying can result in a
breach of Work Health and Safety (WHS) laws.
Everyone at the workplace has a work health and safety duty and can help to prevent workplace
bullying. Under WHS laws, while at work, workers must take reasonable care that their
behaviour does not adversely affect the health and safety of other persons. Workers must also
comply, so far as is reasonably practicable, with any reasonable instruction given by the person
conducting the business or undertaking (PCBU) and co-operate with reasonable policies and
procedures of the PCBU that the worker has been notified of, such as a workplace bullying
policy.
This guide is intended to help workers determine if workplace bullying is occurring and how to
prevent and deal with it. It provides information for workers who may be experiencing or
witnessing workplace bullying and for those who have had a bullying report made against them.
This is the second version of this guide. It will continue to be revised as strategies for preventing
and dealing with workplace bullying evolve.
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victimisation
setting tasks that are unreasonably below or beyond a persons skill level
If the behaviour involves violence, for example physical assault or the threat of physical assault,
it should be reported to the police.
deciding not to select a worker for a promotion where a fair and transparent process is
followed
informing a worker about unsatisfactory work performance in an honest, fair and constructive
way
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state and territory anti-discrimination, equal opportunity and human rights tribunals.
WORKPLACE CONFLICT
Differences of opinion and disagreements are generally not workplace bullying. People can
have differences and disagreements in the workplace without engaging in repeated,
unreasonable behaviour that creates a risk to health and safety. However, in some cases,
conflict that is not managed may escalate to the point where it becomes workplace bullying.
If workplace conflict is affecting you, you should raise your concerns with your manager,
supervisor, human resources officer or grievance officer.
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Workplace bullying can also be directed at or perpetrated by other people at the workplace, for
example clients, patients, students, customers and members of the public.
physical illness, for example muscular tension, headaches, fatigue and digestive problems
feelings of isolation
depression, and
thoughts of suicide.
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focusing on the unwanted behaviour and how it makes you feel, rather than the person,
and
You can ask your HSR, union representative, supervisor, or a human resources officer for
assistance and support, including accompanying you when you approach the person.
SEEK ADVICE
If you are unsure about what to do if you have experienced or witnessed workplace bullying,
you may wish to seek advice from an independent person. Advice should be sought from a
person who is objective and impartial and who has knowledge of the options available for
dealing with workplace bullying. This may include:
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REPORT IT
Workplace bullying should always be reported. If you believe you are experiencing or
witnessing workplace bullying, you should report it as early as possible. Your employer (or
other PCBU) cannot address the problem if they do not know about it.
You can make a workplace bullying report verbally or in writing, including by:
informing your HSR or union representative and asking them to make a report on your
behalf, or
If your supervisor is the person whose behaviour is concerning you, consider reporting their
behaviour through other channels, for example through your HSR.
HSRs can make a report on your behalf if you give them permission. They can also give you
advice on how to make a report. HSRs do not have any other role or responsibility for
resolving the matter. They may, however, work with your organisation to improve the policies
and procedures for preventing and responding to workplace bullying.
If the workplace bullying behaviour has not stopped, you may be able to make a complaint to
an external body such as the Fair Work Commission. For more information, please refer to
page 12 of this publication.
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If you believe you are being unjustly accused, or the complaint is malicious, you should
discuss this with your manager or human resources officer. It may be that an informal
discussion between you, the person making the allegation and a third party will solve the
problem.
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A PCBU has the primary duty under the WHS Act to ensure, so far as is reasonably
practicable, that workers and other persons are not exposed to health and safety risks
arising from work carried out as part of the business or undertaking. This includes having
systems in place to prevent and respond to workplace bullying.
If you inform your workplace that you are experiencing workplace bullying, or someone has
made a report against you, your workplace should:
respond to the bullying report quickly and reasonably in accordance with the policies and
procedures at your workplace
inform you of the process of how the matter will be dealt with and estimated timeframes
maintain confidentiality
allow you to have a support person present at interviews and meetings, for example a
friend, HSR or union representative
keep records, for example of the bullying report, conversations, meetings and interviews
communicate to you the outcome of actions taken and the reasons for decisions made
and any right of review if the parties are not satisfied with the outcome.
If the matter is resolved, your workplace should follow-up with you at a later date to check on
your health and safety and review whether the actions taken have been effective. Your
workplace may also provide you with ongoing support or advise you of external support
services, such as an employee assistance program.
If your workplace decides that a report should be investigated further, it should inform you of
the further investigation process. The investigator should be a suitably skilled, neutral person
from within the workplace or an external investigator.
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If you have not been able to resolve the situation within your workplace, there are a number
of agencies and organisations that may be able to offer you further advice and assistance:
WorkSafe ACT
Comcare
Website: www.worksafe.act.gov.au
Website: www.comcare.gov.au
Email: worksafe@act.gov.au
Email: general.enquiries@comcare.gov.au
Victoria
SafeWork NSW
WorkSafe Victoria
Website: www.safework.nsw.gov.au
Website: www.worksafe.vic.gov.au
Email: contact@safework.nsw.gov.au
Email: info@worksafe.vic.gov.au
Phone: 13 10 50
Queensland
Workplace Health and Safety Queensland
SafeWork SA
Website: www.worksafe.qld.gov.au
Website: www.safework.sa.gov.au
Email: help.safework@sa.gov.au
Western Australia
WorkSafe WA
Website:
www.commerce.wa.gov.au/WorkSafe
Email: safety@commerce.wa.gov.au
Phone: 1300 307 877 (within Western
Australia)
Northern Territory
NT WorkSafe
Website: www.worksafe.nt.gov.au
Email: ntworksafe@nt.gov.au
Phone: 1800 019 115
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internal procedures available to resolve grievances and disputes at the workers workplace
final or interim outcomes arising from an investigation carried out by the workers employer
or other body, and
Orders could be based on behaviour such as threats made outside the workplace, if those
threats result in the worker being bullied at work, for example threats made by email or
telephone.
Further information is available from:
National Helpline: 1300 799 675
Website: www.fwc.gov.au
South Australia
Website: www.humanrights.gov.au
Email: infoservice@humanrights.gov.au
Website: www.eoc.sa.gov.au
Email: eoc@agd.sa.gov.au
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Queensland
Anti-Discrimination Commission
Website: www.adcq.qld.gov.au/
Email: info@adcq.qld.gov.au
Website: www.hrc.act.gov.au/
Email: human.rights@act.gov.au
Phone: (02) 6205 2222
Western Australia
Equal Opportunity Commission
Website: www.eoc.wa.gov.au
Email: eoc@eoc.wa.gov.au
Anti-Discrimination Board
Northern Territory
Website:
www.antidiscrimination.justice.nsw.gov.au
Email: adbcontact@agd.nsw.gov.au
Phone: (02) 9268 5555 or 1800 670 812
(Toll free for regional NSW)
TTY: (02) 9268 5522
Anti-Discrimination Commission
Website: www.adc.nt.gov.au/
Email: antidiscrimination@nt.gov.au
Phone : (08) 8999 1444 or 1800 813 846
(Freecall)
SUPPORT SERVICES
Lifeline
13 11 14
Beyond Blue
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